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said Sykes was robbed, while in the service of the United States, in Mexico, may be refunded to him; which was referred to the Committee on Military Affairs.

By Mr. Starkweather: The memorial of citizens of Hartwick, in the State of New York, praying for the renewal of a patent for a shovel or scraper for excavating earth, originally granted to Thomas Pierce, of Hartwick, in said State.

On motion of Mr. Kaufman,

The House, at 3 o'clock and ten minutes, p. m., adjourned until to-morrow, at 12 o'clock, meridian.

WEDNESDAY, JANUARY 17, 1849.

A message from the Senate, by Mr. Machin, their chief clerk: Mr. Speaker: The Senate have passed a bill of the following title, viz:

S. No. 44. An act for the relief of Cadwalader Wallace, in which I am directed to request the concurrence of this House.

Mr. Collins, by leave, presented concurrent resolutions of the Legislature of the State of New York in relation to slavery in the territories of New Mexico and California, and the slave trade in the District of Columbia.

Mr. Collins moved that the said resolutions be read; which motion was agreed to, and

The resolutions were read, as follows:

STATE OF NEW YORK.

CONCURRENT RESOLUTIONS.

Whereas, the people of the State of New Mexico have petitioned Congress for the estab lishment of a territorial government which shall protect them against the institution of domestic slavery while they remain a territory of the United States; and have also petitioned Congress for protection against the unfounded claims of the State of Texas to a large portion of their territory lying east of the Rio Grande; and, whereas, it would be unjust to the people of New Mexico and California, and revolting to the spirit of the age, to permit domestic slavery-an institution from which they are now free-to be introduced among them; and, whereas, since the acquisition of New Mexico by the United States, the people thereof have a right to expect the protection of the general government, and should be secured in the full possession and enjoyment of their territory: Therefore,

Resolved, (if the Assembly concur) That our Senators in Congress be instructed, and our Representatives in Congress be requested to use their best efforts to procure the passage of laws for the establishment of governments for the territory acquired by the late treaty of peace with Mexico; and that, by such laws, involuntary servitude, except for crime, be excluded from such territories.

Resolved, (if the Assembly concur) That the territory lying between the Nueces and Rio Grande, and that portion of New Mexico lying east of the Rio Grande, are the common property of the United States, and that our Senators in Congress be instructed, and our Representatives in Congress be requested, to use their best efforts to preserve the same as

such common property, and protect it from the unfounded claims of the State of Texas, and prohibit the extension over it of the laws of Texas, or the institution of domestic slavery. Resolved, (if the Assembly concur) That the existence of prisons for the confinement, and marts for the sale of slaves, at the seat of the national government, is viewed by this legislature with deep regret and mortification; and that such prisons and marts ought, forthwith, to be abolished.

Resolved, (if the Assembly concur) That our Senators in Congress be instructed, and our Representatives in Congress be requested, to use their strenuous efforts to procure the passage of a law that shall protect slaves from unjust imprisonment, and shall effectually put an end to the slave trade in the District of Columbia.

Resolved, (if the Assembly concur) That the Governor be requested to forward copies of the foregoing resolutions to each of our Senators and Representatives in Congress.

By order of the Senate:

A. H. CALHOUN, Clerk of Senate.

IN ASSEMBLY, January 6, 1849.

Resolved, That the Assembly do concur in the above resolutions.

By order:

PHILANDER B. PRINDLE, Clerk.

The said resolutions were laid upon the table, and ordered to be printed.

The Speaker announced, as the business first in order, the calling of committees for reports.

The Speaker then commenced the call of the committees for reports, resuming the call at the committee where it was suspended on a previous day; when,

On motion of Mr. Stanton,

Ordered, That the Committee on Naval Affairs be discharged from the further consideration of the petition of Charles Colburn, for allowance of wages to the end of the time of his enlistment as yeoman on board the United States ship Ohio, and that it be laid. on the table.

On motion of Mr. Truman Smith,

Ordered, That the Committee on Foreign Affairs be discharged from the further consideration of the petition of Edward L. Young, and of various citizens of Norfolk and Portsmouth, Virginia, praying Congress to pass an act for the relief of the said Young for losses sustained in the public service, and that it be referred to the Committee on Naval Affairs.

Mr. Truman Smith, from the Committee on Foreign Affairs, to whom was referred the bill from the Senate (No. 343) entitled "An act to provide for carrying into effect the fifth article of the treaty between the United States and the Mexican republic, for establishing the boundary line between them," reported the same back to the House with an amendment; which bill and amendment were left. upon the Speaker's table, and ordered to be printed.

Mr. Truman Smith, from the Committee on Foreign Affairs, to which was referred the bill (No. 313) from the Senate, entitled "An act to carry into effect certain stipulations of the treaty be

tween the United States of America and the republic of Mexico, of the second day of February, eighteen hundred and forty-eight," reported the same back with an amendment; which bill and amendment were committed to the Committee of the Whole House on the state of the Union, and ordered to be printed.

Mr. Joseph R. Ingersoll gave notice of an amendment as a substitute for the whole bill; which was ordered to be printed.

Mr. Sidney Lawrence, from the Committee on Revolutionary Pensions, made adverse reports upon the petitions of Henry Bullman and John Borgstrom; and of the citizens of Essex county, in the State of Massachusetts, praying for the benefits of the pension laws; which were laid upon the table, and ordered to be printed.

Mr. Cummins, from the same committee, made adverse reports upon the petitions of Mary Woods, widow of Hugh Woods, and Margaret Kerr; which were laid upon the table, and ordered to be printed.

On motion of Mr. Cummins,

Ordered, That the Committee on Revolutionary Pensions be discharged from the further consideration of the petition of the heirs of Lieutenant Daniel Starr, and that it be referred to the Committee on Revolutionary Claims.

Mr. Cocke, from the Committee on Revolutionary Pensions, made a report upon the petition of Salsy Darby, of Randolph county, in the State of Georgia, accompanied by a bill (No. 723) for her relief; which bill was read a first and second time, and ordered to be engrossed and read a third time to-day.

The bill being engrossed, was accordingly read the third time, and passed.

Ordered, That the Clerk request the concurrence of the Senate in the said bill.

On motion of Mr. Fulton,

Ordered, That the Committee on Invalid Pensions be discharged from the further consideration of the petitions of Samuel Cooper, Joseph Williams, junior, Joseph Farrar, Lorenzo Poelzel, and John English, and that they be laid upon the table.

Mr. Fulton, from the Committee on Invalid Pensions, made a report upon the petition of Charles Wilson, accompanied by a bill (No. 724) for his relief; which bill was read a first and second time, and ordered to be engrossed and read a third time to-day.

The said bill being engrossed, was accordingly read the third time, and passed.

Ordered, That the Clerk request the concurrence of the Senate in the said bill.

Mr. Wiley, from the Committee on Invalid Pensions, made a report upon the petition of B. O. Payn, accompanied by a bill (No. 725) for his relief; which bill was read a first and second time, committed to a Committee of the Whole House, made the order of the day for to-morrow, and the bill and report ordered to be printed. Subsequently, Mr. Wiley moved that the vote committing said bill to a Committee of the Whole House, be reconsidered; when, On motion of Mr. Brodhead,

Ordered, That the motion to reconsider said vote be laid upon the table.

On motion of Mr. Wiley,

Ordered, That the Committee on Invalid Pensions be discharged from the further consideration of the petitions of George Cassady and John Forest, for pensions, and that the same be laid upon the table.

Mr. William T. Lawrence, from the Committee on Invalid Pensions, to whom was referred the petitions of Sally R. Johnson and Tabitha Wilder, made adverse reports thereon; which were laid upon the table.

On motion of Mr. William T. Lawrence,

Ordered, That the heirs of Dr. Louis Wolfley have leave to withdraw from the files of this House papers referring to a petition for a pension, and that the bill (H. R. 675) for their relief be stricken from the calendar, the case having been provided for by the general act of last session.

On motion of Mr. William T. Lawrence,

Ordered, That the Committee on Invalid Pensions be discharged from the further consideration of the petition of Mrs. C. H. Johnson, widow of Captain Hezekiah Johnson, late of the United States army, praying for a pension, and that it be laid upon the table. On motion of Mr. William T. Lawrence,

Ordered, That the Committee on Invalid Pensions be discharged from the further consideration of the petitions of Daniel Bring man and Daniel Palmer, severally praying for an increase of pension, and that they be laid upon the table.

Mr. Eckert, from the Committee on Invalid Pensions, to whom was referred the petition of Charles C. Cargill, praying for a pension, made an adverse report thereon; which was laid upon the table.

On motion of Mr. Vinton,

Ordered, That the Committee of Ways and Means be discharged from the further consideration of the memorial of William Field, clerk of the United States district court for the district of Arkansas, praying remuneration for services in making an abstract of all bankrupt cases which had been or were pending before said court, in compliance with an order from the Secretary of State of the United States, and that it be laid upon the table.

On motion of Mr. Hudson,

Ordered, That the Committee of Ways and Means be discharged from the further consideration of the resolution of the House of the 21st of December, ultimo, directing said committee to inquire into the expediency of reporting a bill to authorize a committee of Congress to make an annual examination of all the accounts, vouchers, and warrants paid at the Treasury Department, and that it be laid upon the table.

On motion of Mr. John A. Rockwell,

Ordered, That the Committee of Claims be discharged from the further consideration of the memorial of David G. Bates, Thomas Jenkins, and Moses Meeker, praying the refunding to them the

amount of rents paid the United States for lead mined and smelted on certain Indian lands, and that it be laid on the table.

Mr. John A. Rockwell, from the Committee of Claims, reported a bill (No. 726) for the relief of Begbie Wiseman & Co., of Glasgow, in Scotland, accompanied by a report, in writing; which bill was read a first and second time, committed to a Committee of the Whole House, made the order of the day for to-morrow, and the bill and report were ordered to be printed.

Mr. John A. Rockwell, from the same committee, to whom was recommitted the bill (No. 2) for the relief of Robert Roberts, with instructions "to indicate the fund out of which" the claim of said Roberts "shall be paid," reported the same back to the House, with the following amendment:

Strike out all after the enacting clause, and insert

That the Secretary of the Treasury be instructed to ascertain, from the proof accompanying the claim of Robert Roberts, and from any other testimony which may be furnished, whether the sum of nine thousand two hundred and thirty-five dollars and forty-four cents, due to Robert Roberts as set forth in his petition, dated December twenty-three, eighteen hundred and forty-five, is justly chargeable to the fund for the liquidation of claims under the treaty concluded with Spain on the twenty-second of February, eighteen. hundred and nineteen, or under the treaty with France, concluded in eighteen hundred and thirty-one, and that he cause to be paid to said Robert Roberts such proportion of the said sum out of the said fund, so determined by him, as shall not exceed the dividend allowed by the commissioners under the said treaty; and, in order that the said claim shall be placed on the same ground with the claims allowed by the said commissioners, that interest be computed on the said sum from the time when the several amounts awarded by the commissioners became payable: Provided, however, That, in no event, shall the claim be paid out of the unappropriated funds of the treasury of the United States, nor out of any funds awarded by the said commissioners to, and the property of, other claimants or their representatives.

The question was stated, Will the House agree to the said amendment?

And debate arising thereon,

The bill and amendment was laid over under the rule.

Mr. Hilliard, from the select committee consisting of the Representatives from the State of Alabama, to whom was referred the bill (No. 701) to amend an act regulating the district courts of the United States for the State of Alabama, reported the same back to the House without amendment; when

The said bill was ordered to be engrossed and read the third time. The bill being engrossed, was accordingly read the third time and passed.

Ordered, That the Clerk request the concurrence of the Senate in said bill.

On motion of Mr. Vinton,

The House resolved itself into a Committee of the Whole House

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